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Deciding to end a marriage in California can be tough on a person's emotions, particularly when it comes to property division. People often have a sentimental attachment to certain pieces of property or may have strong feelings as to what property is "theirs." They want to see both that their property is divided fairly, but also that they are not "short-changed" when the divorce is finalized.
How is property division handled in a California divorce?
When a couple decides to divorce, they may have accumulated years, or even decades, worth of tangible property, such as furniture and automobiles, and intangible property, such as stocks and bank accounts. During the divorce process, a couple's community property will generally be split, although there are some exceptions. However, separate property is not divided in a divorce. Therefore, it is important to understand the difference between community property and separate property.
What topics can be included in a prenuptial agreement?
Marriage is a time of romance, and Orange County couples getting ready to marry may be more caught up in their wedding plans than on their married life after the ceremony is over. One thing they may want to consider, however, is drafting a prenuptial agreement (prenup). While prenups are not romantic, they are practical, especially if the marriage does not last.
The end of a marriage through a summary dissolution
While it might not apply to most situations in which a couple is choosing to move forward with the end of a marriage in California, some might be able to expedite the process by using a summary dissolution. There are certain factors that must be in place for a summary dissolution, and it might be necessary for a couple to move forward with a conventional divorce. But, this is an option to consider. It must be remembered, however, that a summary dissolution is a divorce and not a legal separation.
What factors may a court consider when ordering spousal support?
One of the most potentially volatile legal issues couples in California seeking a divorce will have to address is that of spousal support -- also known as alimony. While it may be the case that one spouse is willing to pay the other a fair amount of support, often couples cannot agree on what is fair, or may even contest whether support should be paid at all.
Prenuptial agreements and marriage can go hand-in-hand
Couples in Orange County planning a wedding have a lot on their plate. In between finding the perfect outfit, arranging for flowers and musicians and deciding where to go on their honeymoon, couples ready to walk down the aisle may neglect to have one important pre-marriage conversation: creating a prenuptial agreement.
What factors may be considered when determining spousal support?
Spousal support in California is often a hotly debated topic between two individuals seeking a divorce. However, the court's main focus is issuing an order that is fair and appropriate. There are certain factors that the court may consider in such situations. California residents may be interested in learning more about what these factors are.
What happens if marital property in California is commingled?
In California, married couples have community property and separate property. In general, community property is property owned by both spouses. It includes anything they purchased or obtained while married, except in some situations such as gifts made to one spouse only or inheritances received by only one spouse. It also includes earnings made by each spouse while married. Separate property on the other hand is property solely owned by one spouse or the other before they married. However, are there cases in which separate property becomes marital?
What are some alternatives to litigation in a divorce?
Going through a divorce can be a stressful situation. It is understandably a very emotional time, combined with the fact that each spouse is undergoing the transition from living together as a couple to establishing individual households. They must make important decisions regarding property division, spousal support and in some cases child custody and child support. It is easy to see why divorce can be a difficult chapter in anyone's life.
Ways to end a marriage under California law
As some California couples have experienced personally, not every relationship is meant to last. Sometimes, whether it is due to incompatible interests, goals or values, married couples in California may reach the point where they simply no longer want to be married. When this happens, what options do they have for ending their marriage?
